All posts by Edward S. Kim

Motor Vehicle Accident Injury Claims

If you or someone you know has been injured in an accident, you need to speak with a personal injury lawyer about your legal rights, accident benefits, and insurance claim. Our personal injury lawyers can help you obtain the benefits and compensation you are entitled to. Contact us today for a free consultation.

In Ontario, there are often two sources of compensation available to you:

Accident Benefits Claim:
a claim against your own insurance company; or, the insurance company of another vehicle involved in the accident.
Tort Claim:
a claim against the at-fault driver.
We will advocate on your behalf to obtain full and fair compensation. The insurance system is complicated and our job, as lawyers, is to simply the process for you and lighten your burden.

KIM Lawyers are experts in handling all benefits available to people injured in motor vehicle accidents.

KIM Lawyers is also familiar with the processes and procedures under the Motor Vehicle Accident Claims Fund (MVACF). The MVACF provides compensation for personal injury or property damage to victims involved with uninsured, unidentified drivers as well as accidents involving stolen vehicles. It is a payer of last resort with respect to compensation to injured persons where no automobile insurance exists to respond to a claim.

Texas find the best legal representation here @

Accident Benefits

You are entitled to receive accident benefits from an insurance company, no matter who is at fault.

What are accident benefits?
Every automobile insurance policy contains statutory (mandatory) accident benefits coverage. These accident benefits will cover a wide range of medical and rehabilitation expenses over and above what is paid by OHIP. Regardless of who is at fault for the accident or the seriousness of your injuries, the accident benefits insurer is required to pay for these expenses.
Who is required to pay for these expenses?
If you are injured in an automobile accident, there is always an accident benefit insurer which is one of the following:
Your own insurance company;
The insurer of the vehicle in which you were a passenger;
The insurer of any other vehicle involved in the accident;
The Motor Vehicle Accident Claims Fund set up by the Government of Ontario.
The insurance process is quite complicated and includes very specific time limits that must be met to avoid delay or denial of your benefits. During your initial free consultation (link to Free Consultation form), we will help you fill out the accident benefits application.
How and when should I talk to the insurance company?
When you are claiming accident benefits, you need to notify the accident benefits insurer and provide information in support of your claim. In most cases, your insurance company will send an insurance adjuster to meet with you and talk about the accident and your injuries. Here are some important points to remember:
Be aware that anything you say to the insurance adjuster will go into your file and can affect your future accident benefit and tort claims.
Only talk to the adjuster when you are medically able.
Get legal advice and know your rights before meeting with the adjuster. Why? Insurance companies deal with cases like yours all the time. This is likely your first time dealing with an adjuster. Keep the playing field level by knowing your rights.
You have no obligation to speak to an adjuster from the insurance company of the at-fault person. However if you choose to, we recommend that you speak to a lawyer first.
How do I complete all of the forms?
When you are claiming accident benefits there are several forms that must be completed before any benefits are paid. KIM Lawyers can help you complete the forms during the initial meeting.
The injured person is entitled to select case managers and other treatment providers. We recommend that you interview qualified health care professionals before you make a choice. Lawyers, social workers and insurers can put you in touch with these professionals.
What types of benefits are available?
You may be entitled to receive the following benefits:
[Note: Your insurance plan may vary in coverage.]
Medical Benefits & Rehabilitation Benefits
The insurer may be required to pay all of the reasonable expenses incurred as a result of your accident, including:
medical, hospital and nursing care,
chiropractic, psychological and occupational therapy,
medication, prescription eyewear, dental devices and medical aids,
transportation to and from treatment sessions,
social and vocational rehabilitation,
home renovations and vehicle modifications.
You are entitled to receive up to $50,000.00 of medical and rehabilitation benefits for expenses incurred for up to 10 years after the accident. If your injury is a “Minor Injury” then you are only entitled to $3,500.00.
If your injury is determined to be catastrophic, you coverage increases substantially and up to $1,000,000.00 for certain expenses incurred over your entire lifetime.
Income Replacement Benefit
If you are unable to work you may be entitled to up to 70% of your gross weekly income to a maximum of $400 per week.
Non-Earner Benefit
Six months after the accident, receive $185 per week, if you were not employed at the time of the accident but were enrolled in school or had completed your education during the year prior to the accident and were not employed in a job that reflected your education.
Caregiver Benefit
Maximum of $250 per week and an additional $50 per week for each person, such as a child or a person who suffers from mental or physical incapacity, in need of care if you were the primary caregiver.
Catastrophic Impairment Benefit
Includes paraplegia or quadriplegia, permanent loss of use of both arms or both legs, loss of vision in both eyes, and severe brain injuries.
Attendant Care Benefits
Following the accident, you can receive up to $3,000.00 per month in attendant care for two years up to a maximum of $76,000.00. If your injury is catastrophic, you can receive up to $6,000.00 per month or $1,000,000.00 lifetime limit.
Family Member Expenses Benefit
Following an accident, there are expenses incurred by family members and those living with the injured person who visit during your treatment or recovery. They may be able to recover expenses such as mileage, meals, travel expenses, parking, fares and hotel. Please remember record and keep your receipts.
Death & Funeral Expenses Benefit
If a family member has died as a result of injuries sustained in the accident, the spouse and dependants are entitled to certain death benefits as well as reimbursement for funeral expenses.

Suiing An At-Fault Driver

What is a tort claim?
A claim against the at-fault driver, called a tort claim, is usually paid by the insurance company of the at-fault driver. Tort law allows an injured person to obtain compensation from the person who caused the injury. More than 95% of these claims are settled before they go to court.
How do I make a claim?
Retain a personal injury lawyer.
Give written notice of your intention to insurer within 120 days of the accident.
Apply for accident benefits.
Start a lawsuit within the prescribed time limit.
What are the types of claims I can make?
Pain and Suffering:
for a permanent serious impairment of an important physical, mental or psychological function or permanent serious disfigurement, such as scarring.
Loss of income and ability to earn income:
claim 70% of your gross income starting the first week after your accident until the time your case settles or reaches a trial.
claim 100% of your gross income loss if you continue to be disabled from work in future.
Housekeeping and Maintenance:
expenses you incur to maintain your home as you did before the accident. You must first seek reimbursement for housekeeping and home maintenance expenses from your accident benefits insurer.
Health Care Expenses:
If you have suffered a permanent serious injury, you may be able to claim for past, present and future health care expenses not covered by OHIP or by your accident benefits insurer.
You may claim for the effect of the accident on your family relationships. Certain family members may be able to make a claim if you suffer permanent serious injury, disfigurement or, if there is a death.
Am I too late to make a claim?!
The law in Ontario places a number of rigid and unforgiving time restrictions on your right to pursue a claim. If you do not start a lawsuit within the time limit, it is possible that you will lose your right to pursue a claim. Contact a personal injury lawyer as soon as possible so that your rights are protected.